Delaware County officials announced Thursday they will not appeal a Commonwealth Court decision that allows seven local municipalities to retain control over their own health inspections, ending a lengthy legal battle and opening the door to renewed cooperation.
The May court ruling upheld the right of municipalities with existing health departments or boards—such as Clifton Heights, Eddystone, Prospect Park, Ridley Park, and Thornbury—to continue providing local health services. A final ruling involving six other municipalities remains pending.
“We are pleased with the court’s ruling. We think the decision is correct,” said attorney Jim Byrne, who represented the municipalities in the legal challenge. “We are likewise pleased that the county has decided not to pursue an appeal.”
The case stemmed from the creation of the Delaware County Health Department (DCHD) in 2022. Several towns with long-standing local health services objected to ceding control to the newly formed county agency, arguing that they were already equipped to handle inspections of restaurants, swimming pools, and other establishments. Local businesses also expressed support for municipal oversight, citing lower fees.
Delaware County initially sued in county court, seeking to compel the towns to hand over health inspection duties. After losing at both the county and Commonwealth Court levels, the county has now agreed to stand down.
In a press release, county officials said they have begun reaching out to all 13 municipalities involved in the dispute “to connect and collaborate on environmental health service plans, including coordination during a foodborne outbreak.”
Frank Catania, attorney for Lower Chichester, called the decision “a hopeful sign” that the county is now willing to work with local leaders on broader public health concerns—including what he described as a growing emergency in emergency health care access.
“We’re facing a crisis here in Delaware County,” Catania said, referring to the April closures of Taylor Hospital and Crozer-Chester Medical Center, which left many residents—especially in the river towns—without nearby trauma-level emergency care.
“It sounds like we’re done fighting and can start talking,” he said. “It’s life and death.”
In its official statement, the county emphasized its intention to work in partnership with local governments going forward.
“DCHD looks forward to working together with these municipalities in search of solutions to best serve the health and well-being of Delaware County residents,” the county said.
While state Rep. Craig Williams (R-Chester/Delaware) has introduced legislation to reopen Crozer, it remains pending in the Democrat-controlled House.